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HomeMy WebLinkAbout01-14-19 Health and Public Safety s9�p�SpUTH:�� �'�\ ' EACE, i,I OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK HEALTH & PUBLIC SAFETY JANUARY 14, 2019 3:50 P.M. Committee Members Present: Jo M. Broden, John Voorde, Karen White Committee Members Absent: Oliver Davis Other Council Present: Gavin Ferlic(late), Jake Teshka(late), Sharon L. McBride (late) Other Council Absent: Tim Scott, Regina Williams-Preston Others Present: Bianca Tirado, Graham Sparks, Bob Palmer Presenters: Aladean DeRose, Eric Horvath, Kara Boyles Agenda: Bill No. 68-18- Approving Update to ADA Transition Plan of 2013 and Title VI Plan: Non-Discrimination in City Services, Programs, &Activities Under the Civil Rights Act of 1964 Committee Chair Jo M. Broden called to order the Health and Public Safety Committee at 3:50 p.m. She introduced members of the Committee and proceeded to give the floor to the presenter. Bill No. 68-18- Approving Update to ADA Transition Plan of 2013 and Title VI Plan: Non- Discrimination in City Services, Programs, & Activities Under the Civil Rights Act of 1964 Aladean DeRose,Assistant City Attorney with offices located on the 12th floor of the County-City Building, stated, I thought I would just give you a broad idea of what this is and then if there are specific questions about the plan itself,which is about forty-four(44)pages and most of which are attachments and forms that were used, I can answer those. What the ADA Plan is and the Title Six (VI) Plan is a blueprint for the City to remove barriers to those that are disabled. Both in City facilities which include buildings, streets and sidewalks and also City employment, programs, services and other activities in the City. In addition, the Title Six (VI) component is a broader portion and that applies to non-discrimination. Again, it's a blueprint for the City's assurance of non-discrimination based on race, color, national origin, sex, gender, sexual orientation, gender identity, age, military status, English proficiency, or income status. No discrimination based on any of those factors. City services and programs include things like this meeting,itself. It includes all the things we normally think, of which recreational activities are. It includes educational programs that we may sponsor. It includes the collection of utility bills. Any time the City interacts with the public, we are doing a service, program or activity. INTEGRITY' SERVICE'ACCESSIBILITY JENNIFER M.COFFMMAN BIANCA L.TIRADO JOSEPH R.MOLNAR CIIIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov 410 CITY OF SOUTH BEND ' OFFICE OF THE CLERK She continued, The laws that are implicated by this are the ADA, The Americans with Disabilities Act of 1990, effective in 1992, and all cities across the country who receive federal funding are required to have their ADA Plan to remove barriers physically as well as in programs and activities. The other law that is implicated is Title Six (VI). Title Six (VI) is the one (1) that expands the protection of non-discrimination to all the different persons aforementioned. South Bend,we hope, is a model City for diversity, inclusion and non-discrimination. The history of this plan is that in 2013 we started with sidewalks and intersections and assessed those. We came back to the Council and the Council approved the plan at that point that said that we have some deficiencies and we intend to work on them. We outlined the way we wanted to do that, and we did it based on prioritization. So, government facilities are first(1st), commercial employment centers are second (2"d) and everything else is third (3rd). Our timetable for that, because the law changed, and the United States government did not say that all cities must come into compliance, we were allowed time to transition. The transition, our plan is to rebuild all effective curbs, ramps, sidewalks and crossroads to ADA defined guidelines, where ever feasible and reasonable. I think that's on page seven(7) and I will try to pull that up for you(referencing an electronic copy of the plan displayed which is available in the City Clerk's Office). She went on, The implementation schedule is important. We then did an update and expanded beyond the streets and the sidewalks to buildings. Councilmember Gavin Ferlic arrived at the meeting at 3:56 p.m. Ms. DeRose continued, Attachment one (1) shows the difference between 2013 and 2018. It is a little hard to read on the screen but what it shows is in 2015, the high priority are the places we want to change first. Those are the government facilities. In 2015, we had ninety-three (93) facilities in need of improvement.In 2018 we've brought it down to seventy(70)so,we've reduced that by twenty-three (23) which I think is good progress. I think that came about largely because of Smart Streets as well as Council Members notifying us of the needed improvement for sidewalks like Safe Routes to School. This (referencing the presentation) is the very long form that was sent to every single building within the City and an assessment was done on every single building. As you can see, there are a lot of questions as well as a lot of information. That process took quite a while. Most of the buildings and the Public Works facilities are up to date. Where we have some issues are with the park's facilities. This was done in 2015 and we intend by the time that the parks renovation projects are completed that we will be done with most of the parks facilities as well. I think the process has been good in terms of that transition. She went on, The Title Six (VI) part of this, you may ask what the difference is between a Title Six (VI)program that says non-discrimination based on race, sex, nationality, color, etcetera, and the City's Diversity and Inclusion Plan. They are very similar because both of those intend to bring to the forefront the need for complete non-discrimination and inclusion. So, making more and more people a part of the process. The Diversity and Inclusion Plan is probably a little bit broader because it also gets at programs to attack and deal with unconscious prejudice, bias, microaggressions, and non-inclusive language. The specific components of the Title Six(VI)plan are those that deal with both disability and with race, color, national origin and the other components of things we are trying to eradicate for prejudice. For the ADA part of that, we've endeavored, and we have been making available auxiliary aids for meetings, etcetera. We have had a few innovative programs where we allow trash pickup next to the homes of persons who are disabled or elderly. We relieve them from shoveling requirements and attempt to find volunteers EXCELLENCE ACCOUNTABILITY I INNOVATION I INCLUSION j EMPOWERMENT 455 County-City Building[227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 2 iiCITY OF SOUTH BEND OFFICE OF THE CLERK to do that for them. We have on street disability parking spaces and have several hundred of them within the neighborhoods. Under Title Six (VI), again, we have English proficiency assistance. Interestingly enough, we had about 760,000 on our 311 line from the time it was implemented until fall 2018. Of those, only 2,300 were Spanish speakers. I was surprised because the Hispanic population in South Bend is roughly thirteen percent (13%). Councilmember Jake Teshka arrived at the meeting at 4:01 p.m. Ms. DeRose continued, So, to have that low number was interesting, but we have translators available during the working hours. We are using, now, `I Speak' cards in every City department so that anybody who is not an English speaker and can't be understood will be identified by their native language. We've recommended to every department an online service they can use to translate into English or another language. Most of our departments where there is heavy concentration on public use have someone on board the department who is a Spanish speaker. Kudos to the Clerk's Office for having a Spanish speaker on hand and doing the Spanish Agenda translation. She went on, The Environmental Justice Program is also a required component of a Title Six (VI) Plan and that means that environmental concerns will not adversely impact those who are part of the protection and those are persons of race, color, national origin, sex, gender, sexual orientation, gender identity and here, most importantly would be income status. Two (2) things we've done with that policy include adding a well to the area affected by new energy. It brought the water table up in that area, so we added a well in order to reduce that effect of basement flooding in that particular area. We've also implemented the lead-based testing program.The Charles Black Center remediation would fall under this as well. This (referencing a slide in the presentation) is also part of one (1) of the things we are required to do, and this is something that the Council will have to use as well as others. This form will have to be available at public meetings and it is titled a Voluntary Title Six(VI)Public Involvement Survey. It has to be available and is totally voluntary, but it will help identify those who are of different national origin, race, color, etcetera, and it will identify those who are elderly. It will also identify those of low income if people chose to fill it out. We've not had success, frankly, and I don't think many other cities have either, but it is a requirement. Committee Chair Broden interjected, How is that to be utilized? In lieu of our sign ins, or what? Ms. DeRose replied, It should be available at the place of sign-in. I'm thinking of having a little announcement at each meeting that it is there, and we encourage people to, but it's not required, fill out. But as I said, we haven't had much response,but any response is a good response. Councilmember Sharon L. McBride arrived at the meeting at 4:05 p.m. Ms. DeRose went on, In terms of the grievance process, if there is a grievance, based on the Title Six(VI)and ADA Plan,we are required to have a grievance policy,which we do.This(referencing the presentation) explains the policy that there is a form that needs to be filled out within a certain period of time, sent back to the City, there is a time in which the City reviews it and tries to accommodate or work out the problem. I can tell you in the six(6)years since I've been the ADA Coordinator, we've had an average of three (3) grievances a year, all of which were worked out informally except for one (1) and it was an unusual situation. But, all have been worked out. I am EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 3 CITY OF SOUTH BEND ' OFFICE OF THE CLERK also told by the department heads that, though there may have been more, they have all been resolved immediately at the department level. So, we have not had any problems with grievances. This plan, as I said in Title Six (VI), is required by any city in the United States receiving federal funds. It is the right thing and the proper thing to do. Therefore,this Plan requires federal approval which we received from the Department of Transportation in October 2018. A copy was sent at that time and it was approved. So, it meets federal requirements. No person in the United States shall, on the ground of race, color, national origin, be excluded from participation in, be denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance. That list has been expanded by other federal laws over the last several years. That is the Act of 1964, so, between 1964 and 2018 other groups have been added. So, we are asking in the interest of the public good as well as for compliance for State and Federal Laws that you approve the Title Six (VI) Plan and the updates to the 2013 ADA Transition Plan. Committee Chair Broden opened the floor to questions from Committee and Council Members. Committeemember Karen White asked, When you look on the page that talked about intersection priorities and that progress has been made, do you have a certain percentage of intersections you want to target? I noticed the low priorities have increased from one hundred and six (106). Ms. DeRose replied, The lows are every place and everything else. The only ones we are really concerned about, as of now, are the high priority ones. We are attacking them level by level and as long as we are acting within the scope of our plan, we are fine. The idea is to eliminate the barriers within level one (1) first (1St), which is the governmental service areas. The second (2nd) area is the commercial and employment centers. We've not made as much but have made some progress there. That is another area we want to focus on. This is all quite expensive so every year we will be doing something, but it will not take place immediately. Committeemember White followed up, So after action by Council tonight, what would be the next steps? Ms. DeRose replied, The next step of the process, and it is sort of an interactive process, but the Public Works Director and I, and others,will get together and identify places. A lot of the times it is, again,by the prioritization. Other times it is members of the public bringing it to our attention. So, we need public input. We've had some and when we hear from the public, we try to respond. Committeemember John Voorde stated, I had a good experience with a request to make some curb and sidewalk improvements. My daughter is in a chair and she couldn't navigate the Corby/Ironwood/Rockne crossing without going out into the street. Before I knew it, it was done. Committee Chair Broden asked, The assessment that occurred at the departmental level in 2015, what is our responsibility in terms of revisiting that? Ms. DeRose replied, We try to do it every three(3) years but the problem with doing it now is we are in the process of the Venues, Parks &Arts Project. That is the area where they will hit a lot of this and the plan is, as soon as that's completed,we will send out another assessment. We do know that every work project is done to ADA standard so anything that has been done should have been done completely in accordance to ADA standards. EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov 4 110 CITY OF SOUTH BEND j OFFICE OF THE CLERK Committee Chair Broden followed up, And for the benefit for folks following at home, is there a checklist of some sort that is easily accessible and communicated? And I know Parks has that within their plan and we have the specific timeline for the bond, but to me, I guess when I looked at the attachments, what is included here, does that represent all the attachments or is there a list that's evergreen? Is there an itemized list? Ms. DeRose replied, If you look at most of these, a lot of them are things that are probably easily done. So, anything that can be done at a very low cost will be done. It is the more difficult ones that will take some time. That is why there is a caveat there. Some of these have been done, they just haven't been reassessed. So, this was done in 2015. Between 2015 and 2018, many of these were corrected but we don't know how many. And we didn't want to send the whole thing out again. Committee Chair Broden then asked, So do you have a scorecard, if you would, to our progress? I see it narratively here,but I don't see it visually. Ms. DeRose replied, The scorecard would be, if you look at attachment three (3), you see public parks and barriers and then one (1), two (2), three (3), four(4), and five (5). What you would see then is no ADA barrier when something has been fixed. Committee Chair Broden stated, I read the detail on it, but I just didn't, my understanding is that this is kind of frozen in time for 2015 but then you're updating it. And I can see that but the list keeper in me, and for folks at home where this is an interest, and I think we should all have an interest, but part of me wants to see where we are on this from 2015. Ms. DeRose replied, I can't do that. What I can tell you is that so many of these will be part of the VPA Project. Most and many of these have been corrected. So, I'm sorry this is limited to 2015 but the problem is you send out the assessment and then two (2) weeks later something else is done. It is always a moving target. Committee Chair Broden followed up, I think many of us voted for the Parks Bond specifically because we knew we would chip off these projects. You had mentioned 311 and then this `I Speak' thing that is out there and the access to the language line, are there some ways for us to communicate those as improved services by the City? Have I missed that? Those PR communications? Ms. DeRose replied, We haven't yet but I think that once the plan is adopted, that is the plan. Committee Chair Broden followed up, I guess I would like to see that as robust as possible because I think it is how people interface with us and if they know those are possibilities available at every desk and counter. Thank you for all your work on this. Committee Chair Broden then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. Sue Kesim, 4022 Kennedy Drive, stated, This is more of a question, do we get extra federal funds to help with these projects? EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION ' EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov 5 CITY OF SOUTH BEND OFFICE OF THE CLERK Ms. DeRose replied,No,but any time we had federal dollars,the idea is that we will do the project within the regulations of the law. So yes and no, we aren't given money and we don't give them or list and tell them what we want to fix. We are given federal dollars for projects that need to be done. Ms. Kesim followed up, And my other thing is I am a part of Michiana Disability and Advocacy. A major complaint for them is roundabouts because there is no way to totally stop traffic, so they have time to get across. That is particularly a problem by the hospital and the elementary school there you have 60,000 cars going through that point. Memorial and Notre Dame are our two (2) top employers so that intersection is a real busy one (1). They now can't get across. There are medical offices on the other side and so even to get to the park, the roundabout doesn't stop. Because the roundabout is so high, they can't be seen until the car is right on top of them. You can't see across the roundabout to see if someone is in it and there is no way to totally stop traffic to give someone that extended period of time, or even a regular person, but particularly someone with a walker or a wheelchair. I say that on behalf of Michiana Disability and Advocacy. Committeemember Voorde stated, There are lighted walk ways. Ms. Kesim interjected, They light up, but they don't stop the traffic. Eric Horvath, Director of Public Works with offices located on the 13th floor of the County-City Building, stated, The traffic is supposed to stop. The push buttons are activated, the sign flashes and then we also have lights in the walkway itself that light up like runway lights. Is it pretty visible. Ms. Kesim interrupted, People can barely drive the roundabout as it is. Mr. Horvath replied, Legally, they need to stop. Ms. Kesim interjected, Well, I know legally they do but they don't. Committee Chair Broden asked, Is it legal though? They are yellow, right? They aren't red? Mr. Horvath replied, It is a crosswalk and you have to stop. Committee Chair Broden stated, Well we probably need to communicate that. Kara Boyles, City Engineer with offices located on the 13th floor of the County-City Building, stated, I don't know all the technicalities of the law, but in Indiana, if a pedestrian steps out into the right of way, the vehicle must yield to the pedestrian. Ms. Kesim interjected, But they can't see the pedestrian because that huge brick wall. You can't even see someone. Committeemember Voorde stated, That is the purpose of the walkway. EXCELLENCE j ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 ww .southbendin.gov 6 ACITY OF SOUTH BEND I OFFICE OF THE CLERK Ms. Kesim interjected, Well and the snow or whatever. You aren't going to see them. They use the hospital and they feel it is a hazard. There are medical offices across the street and they can't get there. Ms. Boyles stated, I would also like to say the average daily traffic is not that high, it is actually more like 29,000 according to MACOG. Ms. Kesim interjected, Well it was 60,000 before the roundabout because I got one (1) of those citizen surveys. Committee Chair Broden encouraged Ms. Kesim to converse with Ms. Boyles and Mr. Horvath after the meeting. She then turned the floor back to the Committee for further comment or main motion. Committeemember Voorde made a motion to send Bill No. 68-18 to the full Council with a favorable recommendation. Committeemember White seconded this motion which carried by a voice vote of three(3) ayes. With no further business, Committee Chair Broden adjourned the Health and Public Safety Committee at 4:20 p.m. Respectfully Submitted, /'I4, ' 6/1161 Jo roden, Committee Chair EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I I D574.235.5567 www.southbendin.gov 7